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S3953 - Details

S3953 - Summary

Enacts the "concussion management and awareness act"; directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; requires school personnel to receive training in mild traumatic brain injuries; such rules and regulations shall apply to school districts and boards of cooperative educational services …(view more) requires provisions of information pamphlet on mild traumatic brain injuries to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury; requires written consent of and acknowledgment of receipt of such pamphlet by parents prior to participation in interscholastic sports; provides for the establishment of concussion management teams to implement such provisions.

S3953 - Sponsor Memo

BILL NUMBER:S3953
TITLE OF BILL:
An act
to amend the public health law and
the education law,
in relation to directing the commissioners of
education and health
to establish rules and regulations for the treatment and
monitoring of students of school districts,
boards of cooperative
educational services and nonpublic schools who suffer mild
traumatic brain
injuries; and to amend the general obligations law, in relation to the
liability of school districts, nonpublic schools and boards of
cooperative educational services
PURPOSE:
Directs commissioners of education and
health to adopt rules
and regulations for the treatment and monitoring of students with
mild traumatic brain injuries
SUMMARY OF PROVISIONS:
Section 1. Creates the short title, "Concussion Management and
Awareness Act."

Section 2. Amends section 206 of the public health law to add a new
subdivision 28 that would require the Commissioner of Health to work
in conjunction with the Commissioner of Education to promulgate rules
and regulations relating to pupils who suffer mild traumatic brain
injuries and provide for the posting of the information on the
Department of Health (DOH) website.
Section 3. Amends section 305 of the education law to add a new
subdivision 42 which will require the Commissioner of Education, the
Commissioner of Health, and other articulated entities to:
o Promulgate, implement, and update rules and regulations establishing
a course of instruction relating to concussions that will be required
to be completed on a biennial basis by certain school personnel.
o Promulgate, implement, and update rules and regulations establishing
an informational pamphlet relating to concussions that must be
provided to specified persons and posted on the websites of the
Department of Education and Department of Health. Require a signed
statement by those in parental relation to a pupil attesting that
they have received and understand the pamphlet prior to any practice
or participation in any interscholastic sport on behalf of the school
district.
o Promulgate, implement, and regularly update rules and regulations
requiring every school district to establish a concussion management
team that includes specified school personnel. The concussion
management team will have the primary responsibility of implementing
rules and regulations relative to concussions and will ensure that
appropriate faculty are provided with training relating to concussions.
o Promulgate, implement and regularly update rules and regulations to
be carried out by each concussion management team including the
immediate removal from athletic activities of a pupil believed to
have sustained or who has sustained a concussion, the reporting of
such injury to the Education Department, and the evaluation of the
pupil pursuant to guidelines established by the Education Department.
In the event that there is
any doubt as to whether a pupil has sustained a concussion, it shall
be presumed that he/she has sustained a concussion until proven
otherwise. No pupil shall resume athletic activity until they are
symptom free for 24 hours and have been evaluated and received
written and signed authorization from a physician trained in the
evaluation and treatment of concussions. Such guidelines are
considered to be the minimum guidelines that must be complied with by
a school district.
Section 4. Amends Article 9 of the general obligations law to add a
new title 3 to read "Liability of Schools."
o Includes sections 9-301
and 9-303 which will limit liability for school districts and
not-for-profit youth sports programs for any personal injury or death
given certain conditions.
JUSTIFICATION:
A concussion is a type of traumatic brain injury (TBI) that can
significantly impact the way a healthy brain functions. If left
untreated, concussions can lead to permanent brain damage or even
death. According to the Centers for Disease Control and Prevention,
an estimated 1.7 million people sustain a TBI injury nationally. Of
these, 52,000 die and 275,000 are hospitalized.
TBI is a contributing factor to a third of all injury-related deaths
in the United States. The number of concussions sustained by youth is
significant. The CDC reports that each year, U.S. emergency
departments treat an estimated 135,000 sports and recreation-related
TBIs, including concussions, among children ages 5 to 18.
Furthermore, according to the National Center for Injury Prevention,
forty-seven percent of high school football players receive a
concussion each season. To that end, statistically, the risk of
future concussions increases significantly once an athlete suffers
from a concussion. While athletes highlight the significant concerns
of concussions, children and teens, in general, are more likely to
get a concussion, and have a longer recovery time than adults.
The Centers for Disease Control and Prevention recommend that as part
of concussion prevention, each school district have a concussion
management policy in order to treat and manage concussions among
their students, and educate parents, coaches, and students about the
dangers of concussions. Often, athletes and pupils, as well as
parents and coaches, cannot identify the symptoms of a concussion.
This legislation would require that each school district have a
concussion management team composed of health and sports staff with
the charge to collaborate and implement guidelines set forth by the
Department of Health and Department of Education. The term will be
responsible for overseeing staff training, educating parents and
students about concussions, and helping to transition students who
have sustained a concussion back into school as well as back into
play consistent with specified guidelines.
By instituting these policies, school districts will facilitate early
identification of concussions and thereby reduce the risk of
long-term complications. In the future, this legislation will
encourage parents, students, and coaches to take preventative steps
to avoid such significant injuries.
LEGISLATIVE HISTORY:
S.7161 of 2009-2010
FISCAL IMPLICATIONS:
The fiscal implications on school districts will
be mitigated through the use training courses facilitated through
online and conference call means. Such courses will be approved
through the Department of Education and are projected to have minimal
costs.
LOCAL FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of July next
succeeding the date on which it shall have become a law; provided
that, effective immediately, any rules and regulations necessary to
implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

S T A T E O F N E W Y O R K
________________________________________________________________________
3953
2011-2012 Regular Sessions
I N S E N A T E
March 10, 2011
___________
Introduced by Sens. HANNON, MAZIARZ, BALL -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to directing the commissioners of education and health to establish
rules and regulations for the treatment and monitoring of students of
school districts, boards of cooperative educational services and
nonpublic schools who suffer mild traumatic brain injuries; and to
amend the general obligations law, in relation to the liability of
school districts, nonpublic schools and boards of cooperative educa-
tional services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "concussion management and awareness act".
S 2. Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
28. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE RULES AND REGULATIONS, RELATING TO PUPILS WHO
SUFFER MILD TRAUMATIC BRAIN INJURIES, IN ACCORDANCE WITH SUBDIVISION
FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, AND
PROVIDE FOR THE POSTING ON THE DEPARTMENT'S INTERNET WEBSITE OF SUCH
INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
S 3. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. A. THE COMMISSIONER AND THE COMMISSIONER OF HEALTH, IN CONSULTA-
TION AND COOPERATION WITH THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
ASSOCIATION, PUBLIC AND NONPUBLIC SCHOOL ATHLETIC TRAINERS, PUBLIC AND
NONPUBLIC SCHOOL INTERSCHOLASTIC SPORTS COACHES AND PUBLIC SCHOOL
MEDICAL AND HEALTH PROFESSIONALS, SHALL:
(I) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING A COURSE OF INSTRUCTION RELATING TO THE RECOGNITION, TREAT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09691-06-1

S. 3953 2
MENT AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJURIES,
ALSO REFERRED TO AS A "CONCUSSION", WHILE RECEIVING INSTRUCTION OR
ENGAGING IN ANY SCHOOL SPONSORED OR RELATED ACTIVITY. SUCH COURSE OF
INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL
COACHES, NURSES AND ATHLETIC TRAINERS OF EVERY SCHOOL DISTRICT AND BOARD
OF COOPERATIVE EDUCATIONAL SERVICES, AND BE COMPLETED BY SUCH PERSONNEL
EMPLOYED BY AN AUTHORIZING NONPUBLIC SCHOOL. THE COURSE OF INSTRUCTION
REQUIRED BY THIS SUBPARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
DEFINITION OF A "CONCUSSION", SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN
INJURIES, HOW SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN
TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A
MILD TRAUMATIC BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED
OUTSIDE OF SCHOOL. SUCH TRAINING MAY BE COMPLETED BY MEANS OF COURSES OF
INSTRUCTION, INCLUDING BUT NOT LIMITED TO, COURSES PROVIDED ONLINE AND
BY TELECONFERENCE APPROVED BY THE DEPARTMENT AND THE DEPARTMENT OF
HEALTH;
(II) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING AN INFORMATIONAL PAMPHLET RELATING TO MILD TRAUMATIC BRAIN
INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A
"CONCUSSION", SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW
SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND
TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED OUTSIDE OF
SCHOOL. SUCH INFORMATIONAL PAMPHLET SHALL BE PROVIDED TO EVERY PUPIL
PARTICIPATING IN INTERSCHOLASTIC SPORTS AND TO THE PERSON IN PARENTAL
RELATION TO SUCH PUPIL, TO EACH PUPIL WHO HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY AND TO THE PERSON IN PARENTAL RELATION TO SUCH PUPIL, TO
EVERY TEACHER OF PHYSICAL EDUCATION, TO EACH COACH OF AN INTERSCHOLASTIC
TEAM, TO EACH MEMBER OF A CONCUSSION MANAGEMENT TEAM ESTABLISHED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, AND SHALL BE POSTED ON THE
INTERNET WEBSITES OF THE DEPARTMENT AND THE DEPARTMENT OF HEALTH. NO
PUPIL SHALL ENGAGE IN ORGANIZED PRACTICE FOR OR PARTICIPATE IN ANY
INTERSCHOLASTIC SPORT ON BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, UNLESS AND UNTIL THE PERSON IN PARENTAL
RELATION TO SUCH PUPIL SHALL HAVE SIGNED AND RETURNED A STATEMENT
ATTESTING THAT HE OR SHE HAS RECEIVED, READ AND UNDERSTANDS THE INFORMA-
TIONAL PAMPHLET REQUIRED BY THIS SUBPARAGRAPH. EVERY SCHOOL DISTRICT AND
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL MAINTAIN ON FILE IN THE
PUPIL'S PERMANENT HEALTH RECORD, A COPY OF EACH PARENTAL STATEMENT
RECEIVED. ANY NONPUBLIC SCHOOL MAY IMPLEMENT THE PROVISIONS OF SUCH
RULES AND REGULATIONS;
(III) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
REQUIRING EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, AND AUTHORIZING NONPUBLIC SCHOOLS, TO ESTABLISH A CONCUSSION
MANAGEMENT TEAM. EACH CONCUSSION MANAGEMENT TEAM SHALL BE COMPOSED OF
THE ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN, A
COACH OF AN INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER AND SUCH OTHER
APPROPRIATE PERSONNEL AS SHALL BE DESIGNATED BY THE DISTRICT OR BOARD.
THE CONCUSSION MANAGEMENT TEAM SHALL BE THE ENTITY WITH THE PRIMARY
RESPONSIBILITY OF IMPLEMENTING THE RULES AND REGULATIONS PROMULGATED
PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH IN ITS SCHOOL
DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES. IN PARTICULAR, A CONCUSSION MANAGEMENT TEAM SHALL
ENSURE THAT EVERY COACH, ASSISTANT COACH, VOLUNTEER COACH, AND PHYSICAL
EDUCATION TEACHER THAT WORKS WITH AND PROVIDES INSTRUCTION TO PUPILS
ENGAGED IN ATHLETIC ACTIVITIES SHALL HAVE COMPLETED TRAINING RELATING TO
S. 3953 3
MILD TRAUMATIC BRAIN INJURIES. SUCH TRAINING SHALL INCLUDE THE SIGNS
AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, POST CONCUSSION AND
SECOND IMPACT SYNDROMES, RETURN TO SCHOOL AND TO ATHLETICS GUIDELINES
AND REQUIREMENTS, AND THE AVAILABLE RESOURCES FOR CONCUSSION MANAGEMENT
AND TREATMENT. FURTHERMORE, EVERY CONCUSSION MANAGEMENT TEAM MAY ESTAB-
LISH AND IMPLEMENT A PROGRAM WHICH PROVIDES INFORMATION ON MILD TRAUMAT-
IC BRAIN INJURIES TO PERSONS IN PARENTAL RELATIONS TO PUPILS THROUGHOUT
EACH SCHOOL YEAR.
(IV) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS,
TO BE CARRIED OUT BY EACH CONCUSSION MANAGEMENT TEAM, WHICH SHALL
PROVIDE FOR THE EVALUATION, TREATMENT AND MANAGEMENT OF PUPILS WHO ARE
BELIEVED TO HAVE SUSTAINED MILD TRAUMATIC BRAIN INJURIES. SUCH RULES AND
REGULATIONS SHALL REQUIRE THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES
OF ANY PUPIL BELIEVED TO HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD
TRAUMATIC BRAIN INJURY, THE REPORTING OF SUCH INJURY TO THE DEPARTMENT,
AND AN EVALUATION OF SUCH PUPIL PURSUANT TO SPECIFIED GUIDELINES. IN THE
EVENT THAT THERE IS ANY DOUBT AS TO WHETHER A PUPIL HAS SUSTAINED A
CONCUSSION, IT SHALL BE PRESUMED THAT HE OR SHE HAS BEEN SO INJURED
UNTIL PROVEN OTHERWISE. NO SUCH PUPIL SHALL RESUME ATHLETIC ACTIVITY
UNTIL HE OR SHE SHALL HAVE BEEN SYMPTOM FREE FOR NOT LESS THAN
TWENTY-FOUR HOURS, AND HAS BEEN EVALUATED BY AND RECEIVED WRITTEN AND
SIGNED AUTHORIZATION FROM A PHYSICIAN TRAINED IN THE EVALUATION AND
TREATMENT OF MILD TRAUMATIC BRAIN INJURIES. SUCH AUTHORIZATION SHALL BE
KEPT ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD. FURTHERMORE, SUCH
RULES AND REGULATIONS SHALL PROVIDE GUIDELINES FOR LIMITATIONS AND
RESTRICTIONS ON SCHOOL ATTENDANCE AND ACTIVITIES FOR PUPILS WHO HAVE
SUSTAINED MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE DIRECTIVES
OF THE PUPIL'S TREATING PHYSICIAN. IN ADDITION TO THE REQUIREMENTS OF
THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBPARAGRAPH,
EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ESTABLISH AND UPDATE POLICIES, AS NEEDED AND CONSISTENT WITH THE RULES
AND REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH, THAT REFLECT THE
MOST CURRENT AVAILABLE INFORMATION AND PRACTICES ON THE PREVENTION, RISK
AND TREATMENT OF SPORTS-RELATED MILD TRAUMATIC BRAIN INJURIES.
B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION
SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
BY EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. NOTHING IN THIS SUBDI-
VISION SHALL PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE
STRINGENT STANDARDS.
S 4. Article 9 of the general obligations law is amended by adding a
new title 3 to read as follows:
TITLE 3
LIABILITY OF SCHOOLS
SECTION 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS AND
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH
SPORTS PROGRAMS.
S 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS AND BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES. A SCHOOL DISTRICT, NONPUBLIC
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE
FOR ANY PERSONAL INJURY OR DEATH OF A PERSON DUE TO ACTION OR INACTION
OF ANY OTHER PERSON EMPLOYED BY SUCH DISTRICT, SCHOOL OR BOARD, WHEN
SUCH ACTION OR INACTION TAKES PLACE UPON DISTRICT, SCHOOL OR BOARD PROP-
ERTY DURING THE DELIVERY OF SERVICES THEREBY.
S. 3953 4
S 9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH SPORTS
PROGRAMS. 1. A SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY
OR DEATH OF A PERSON DUE TO ACTION OR INACTION OF ANY OTHER PERSON
EMPLOYED BY, VOLUNTEERING WITH OR UNDER CONTRACT WITH SUCH NOT-FOR-PRO-
FIT YOUTH PROGRAM IF:
A. THE ACTION OR INACTION TAKES PLACE ON SCHOOL DISTRICT PROPERTY
DURING THE DELIVERY OF SERVICE BY THE NOT-FOR-PROFIT YOUTH SPORTS
PROGRAM;
B. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES PROOF OF BEING
INSURED UNDER AN ACCIDENT AND LIABILITY POLICY FROM AN INSURER AUTHOR-
IZED TO DO BUSINESS IN THIS STATE, THAT COVERS ANY PERSONAL INJURY OR
DEATH ARISING FROM DELIVERY OF SERVICES. SUCH COVERAGE SHALL BE NOT LESS
THAN FIFTY THOUSAND DOLLARS DUE TO BODILY INJURY OR DEATH TO ANY SINGLE
PERSON, AND NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS DUE TO BODILY
INJURY OR DEATH TO TWO OR MORE PERSONS IN ANY SINGLE INCIDENT;
C. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES SUCH PROOF OF
INSURANCE TO THE SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES PRIOR TO USING THE FACILITIES OF SUCH
DISTRICT, SCHOOL OR BOARD; AND
D. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES A STATEMENT AND
PROOF OF COMPLIANCE WITH THE DISTRICT'S, SCHOOL'S OR BOARD'S POLICY AND
GUIDELINES FOR THE TREATMENT AND MANAGEMENT OF MILD TRAUMATIC BRAIN
INJURIES AND OTHER HEAD INJURIES.
2. FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS ONE
OR MORE SPORTS TEAMS ORGANIZED PURSUANT TO A NOT-FOR-PROFIT OR SIMILAR
CHARTER, OR WHICH ARE MEMBER TEAMS IN A LEAGUE ORGANIZED BY OR AFFIL-
IATED WITH A COUNTY OR RECREATION DEPARTMENT.
3. ANY NOT-FOR-PROFIT YOUTH SPORTS PROGRAM MAY ADOPT AND IMPLEMENT THE
STANDARDS AND REQUIREMENTS FOR MILD TRAUMATIC BRAIN INJURIES, ESTAB-
LISHED BY THE COMMISSIONER OF EDUCATION PURSUANT TO SUBDIVISION
FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW. NOTHING IN
THIS TITLE SHALL BE DEEMED TO PROHIBIT THE ADOPTION AND IMPLEMENTATION
OF STANDARDS WHICH ARE MORE STRINGENT.
S 5. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

S3953A - Details

S3953A - Summary

Enacts the "concussion management and awareness act"; directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; requires school personnel to receive training in mild traumatic brain injuries; such rules and regulations shall apply to school districts and boards of cooperative educational services …(view more) requires provisions of information pamphlet on mild traumatic brain injuries to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury; requires written consent of and acknowledgment of receipt of such pamphlet by parents prior to participation in interscholastic sports; provides for the establishment of concussion management teams to implement such provisions.

S3953A - Sponsor Memo

BILL NUMBER:S3953A
PURPOSE:
Directs commissioners of education and health to adopt rules and
regulations for the treatment and monitoring of students with mild
traumatic brain injuries
SUMMARY OF PROVISIONS:
Section 1. Creates the short title, "Concussion Management and
Awareness Act."
Section 2. Amends section 206 of the public health law to add a new
subdivision 28 that would require the Commissioner of Health to work
in conjunction with the Commissioner of Education to promulgate rules
and regulations relating to pupils who suffer mild traumatic brain
injuries and provide for the posting of the information on the
Department of Health (DOH) website.
Section 3. Amends section 305 of the education law to add a new
subdivision 42 which will require the Commissioner of Education, the
Commissioner of Health, and other articulated entities to:
o Promulgate, implement, and update rules and regulations establishing
a course of instruction relating to concussions that will be required
to be completed on a biennial basis by certain school personnel.

o Promulgate, implement, and update rules and regulations establishing
an informational pamphlet relating to concussions that must be
provided to specified persons and posted on the websites of the
Department of Education and Department of Health. Require a signed
statement by those in parental relation to a pupil attesting that
they have received and understand the pamphlet prior to any practice
or participation in any interscholastic sport on behalf of the school
district.
a Promulgate, implement, and regularly update rules and regulations
requiring every school district to establish a concussion management
team that includes specified school personnel. The concussion
management team will have the primary responsibility of implementing
rules and
regulations relative to concussions and will ensure that appropriate
faculty are provided with training relating to concussions.
o Promulgate, implement and regularly update rules and regulations to
be carried out by each concussion management team including the
immediate removal from athletic activities of a pupil believed to
have sustained or who has sustained a concussion, the reporting of
such injury to the Education Department, and the evaluation of the
pupil pursuant to guidelines established by the Education Department.
In the event that there is any doubt as to whether a pupil has
sustained a concussion, it shall be presumed that he/she has
sustained a concussion until proven otherwise. No pupil shall resume
athletic activity until they are symptom free for 24 hours and have
been evaluated and received written and signed authorization from a
physician trained in the evaluation and treatment of concussions.
Such guidelines are considered to be the minimum guidelines that must
be complied with by a school district.
Section 4. Amends Article 9 of the general obligations law to add a
new title 3 to read "Liability of Schools."
o Includes sections 9-301 and 9-303 which will limit liability for
school districts and not-for-profit youth sports programs for any
personal injury or death given certain conditions.
JUSTIFICATION:
A concussion is a type of traumatic brain injury (TBI) that can
significantly impact-the way a healthy brain functions. If left
untreated, concussions can lead to permanent brain damage or even
death. According to the Centers for Disease Control and Prevention,
an estimated 1.7 million people sustain a TBI injury nationally. Of
these, 52,000 die and 275,000 are hospitalized.
TBI is a contributing factor to a third of all injury-related deaths
in the United States. The number of concussions sustained by youth is
significant. The CDC reports that each year, U.S. emergency
departments treat an estimated 135,000 sports and recreation-related
TBIs, including concussions, among children ages 5 to 18.
Furthermore, according to the National Center for Injury Prevention,
forty-seven percent of high school football players receive a
concussion each season. To that end, statistically, the risk of
future concussions increases significantly once an athlete suffers
from a concussion. While athletes highlight the significant concerns
of concussions, children and teens, in general, are more likely to
get a concussion, and have a longer recovery time than adults.
The Centers for Disease Control and Prevention recommend that as part
of concussion prevention, each school district have a concussion
management policy in order to treat and manage concussions among
their students, and educate parents, coaches, and students about the
dangers of concussions. Often, athletes and pupils, as well as
parents and coaches, cannot identify the symptoms of a concussion.
This legislation would require that each school district have a
concussion management team composed of health and sports staff with
the charge to collaborate and implement guidelines set forth by the
Department of Health and Department of Education. The term will be
responsible for overseeing staff training, educating parents and
students about concussions, and helping to transition students who
have sustained a concussion back into school as well as back into
play consistent with specified guidelines.
By instituting these policies, school districts will facilitate early
identification of concussions and thereby reduce the risk of
long-term complications. In the future, this legislation will
encourage parents, students, and coaches to take preventative steps
to avoid such significant injuries.
LEGISLATIVE HISTORY:
S.7161 of 2009-2010
FISCAL IMPLICATIONS:
The fiscal implications on school districts will be mitigated through
the use training courses facilitated through online and conference
call means. Such courses will be approved through the Department of
Education and are projected to have minimal costs.
LOCAL FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the
date on which it shall have become a law; provided that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

S T A T E O F N E W Y O R K
________________________________________________________________________
3953--A
2011-2012 Regular Sessions
I N S E N A T E
March 10, 2011
___________
Introduced by Sens. HANNON, MAZIARZ, BALL, DeFRANCISCO, LARKIN, NOZZOLIO
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law and the education law, in relation
to directing the commissioners of education and health to establish
rules and regulations for the treatment and monitoring of students of
school districts, boards of cooperative educational services and
nonpublic schools who suffer mild traumatic brain injuries; and to
amend the general obligations law, in relation to the liability of
school districts, nonpublic schools and boards of cooperative educa-
tional services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "concussion management and awareness act".
S 2. Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
28. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE RULES AND REGULATIONS, RELATING TO PUPILS WHO
SUFFER MILD TRAUMATIC BRAIN INJURIES, IN ACCORDANCE WITH SUBDIVISION
FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, AND
PROVIDE FOR THE POSTING ON THE DEPARTMENT'S INTERNET WEBSITE OF SUCH
INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
S 3. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. A. THE COMMISSIONER AND THE COMMISSIONER OF HEALTH, IN CONSULTA-
TION AND COOPERATION WITH THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
ASSOCIATION, PUBLIC AND NONPUBLIC SCHOOL ATHLETIC TRAINERS, PUBLIC AND
NONPUBLIC SCHOOL INTERSCHOLASTIC SPORTS COACHES AND PUBLIC SCHOOL
MEDICAL AND HEALTH PROFESSIONALS, SHALL:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09691-07-1

S. 3953--A 2
(I) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING A COURSE OF INSTRUCTION RELATING TO THE RECOGNITION, TREAT-
MENT AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJURIES,
ALSO REFERRED TO AS A "CONCUSSION", WHILE RECEIVING INSTRUCTION OR
ENGAGING IN ANY SCHOOL SPONSORED OR RELATED ACTIVITY. SUCH COURSE OF
INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL
COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAINERS OF
EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND
BE COMPLETED BY SUCH PERSONNEL EMPLOYED BY AN AUTHORIZING NONPUBLIC
SCHOOL. THE COURSE OF INSTRUCTION REQUIRED BY THIS SUBPARAGRAPH SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE DEFINITION OF A "CONCUSSION", SIGNS
AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW SUCH INJURIES MAY
OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL
ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC BRAIN INJURY
REGARDLESS OF WHETHER SUCH INJURY OCCURRED OUTSIDE OF SCHOOL. SUCH
TRAINING MAY BE COMPLETED BY MEANS OF COURSES OF INSTRUCTION, INCLUDING
BUT NOT LIMITED TO, COURSES PROVIDED ONLINE AND BY TELECONFERENCE
APPROVED BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH;
(II) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING AN INFORMATIONAL PAMPHLET RELATING TO MILD TRAUMATIC BRAIN
INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A
"CONCUSSION", SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW
SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND
TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED OUTSIDE OF
SCHOOL. SUCH INFORMATIONAL PAMPHLET SHALL BE PROVIDED TO EVERY PUPIL
PARTICIPATING IN INTERSCHOLASTIC SPORTS AND TO THE PERSON IN PARENTAL
RELATION TO SUCH PUPIL, TO EACH PUPIL WHO HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY AND TO THE PERSON IN PARENTAL RELATION TO SUCH PUPIL, TO
EVERY TEACHER OF PHYSICAL EDUCATION, TO EACH COACH OF AN INTERSCHOLASTIC
TEAM, TO EACH MEMBER OF A CONCUSSION MANAGEMENT TEAM ESTABLISHED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, AND SHALL BE POSTED ON THE
INTERNET WEBSITES OF THE DEPARTMENT AND THE DEPARTMENT OF HEALTH. NO
PUPIL SHALL ENGAGE IN ORGANIZED PRACTICE FOR OR PARTICIPATE IN ANY
INTERSCHOLASTIC SPORT ON BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, UNLESS AND UNTIL THE PERSON IN PARENTAL
RELATION TO SUCH PUPIL SHALL HAVE SIGNED AND RETURNED A STATEMENT
ATTESTING THAT HE OR SHE HAS RECEIVED, READ AND UNDERSTANDS THE INFORMA-
TIONAL PAMPHLET REQUIRED BY THIS SUBPARAGRAPH. EVERY SCHOOL DISTRICT AND
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL MAINTAIN ON FILE IN THE
PUPIL'S PERMANENT HEALTH RECORD, A COPY OF EACH PARENTAL STATEMENT
RECEIVED. ANY NONPUBLIC SCHOOL MAY IMPLEMENT THE PROVISIONS OF SUCH
RULES AND REGULATIONS;
(III) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
REQUIRING EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, AND AUTHORIZING NONPUBLIC SCHOOLS, TO ESTABLISH A CONCUSSION
MANAGEMENT TEAM. EACH CONCUSSION MANAGEMENT TEAM SHALL BE COMPOSED OF
THE ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN, A
COACH OF AN INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER AND SUCH OTHER
APPROPRIATE PERSONNEL AS SHALL BE DESIGNATED BY THE DISTRICT OR BOARD.
THE CONCUSSION MANAGEMENT TEAM SHALL BE THE ENTITY WITH THE PRIMARY
RESPONSIBILITY OF IMPLEMENTING THE RULES AND REGULATIONS PROMULGATED
PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH IN ITS SCHOOL
DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES. IN PARTICULAR, A CONCUSSION MANAGEMENT TEAM SHALL
ENSURE THAT EVERY COACH, ASSISTANT COACH, VOLUNTEER COACH, PHYSICAL
S. 3953--A 3
EDUCATION TEACHER, NURSE AND ATHLETIC TRAINER THAT WORKS WITH AND
PROVIDES INSTRUCTION TO PUPILS ENGAGED IN ATHLETIC ACTIVITIES SHALL HAVE
COMPLETED TRAINING RELATING TO MILD TRAUMATIC BRAIN INJURIES. FURTHER-
MORE, EVERY CONCUSSION MANAGEMENT TEAM MAY ESTABLISH AND IMPLEMENT A
PROGRAM WHICH PROVIDES INFORMATION ON MILD TRAUMATIC BRAIN INJURIES TO
PERSONS IN PARENTAL RELATIONS TO PUPILS THROUGHOUT EACH SCHOOL YEAR.
(IV) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS,
TO BE CARRIED OUT BY EACH CONCUSSION MANAGEMENT TEAM, WHICH SHALL
PROVIDE FOR THE EVALUATION, TREATMENT AND MANAGEMENT OF PUPILS WHO ARE
BELIEVED TO HAVE SUSTAINED MILD TRAUMATIC BRAIN INJURIES. SUCH RULES AND
REGULATIONS SHALL REQUIRE THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES
OF ANY PUPIL BELIEVED TO HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD
TRAUMATIC BRAIN INJURY, THE REPORTING OF SUCH INJURY TO THE DEPARTMENT,
AND AN EVALUATION OF SUCH PUPIL PURSUANT TO SPECIFIED GUIDELINES. IN THE
EVENT THAT THERE IS ANY DOUBT AS TO WHETHER A PUPIL HAS SUSTAINED A
CONCUSSION, IT SHALL BE PRESUMED THAT HE OR SHE HAS BEEN SO INJURED
UNTIL PROVEN OTHERWISE. NO SUCH PUPIL SHALL RESUME ATHLETIC ACTIVITY
UNTIL HE OR SHE SHALL HAVE BEEN SYMPTOM FREE FOR NOT LESS THAN
TWENTY-FOUR HOURS, AND HAS BEEN EVALUATED BY AND RECEIVED WRITTEN AND
SIGNED AUTHORIZATION FROM A PHYSICIAN TRAINED IN THE EVALUATION AND
TREATMENT OF MILD TRAUMATIC BRAIN INJURIES. SUCH AUTHORIZATION SHALL BE
KEPT ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD. FURTHERMORE, SUCH
RULES AND REGULATIONS SHALL PROVIDE GUIDELINES FOR LIMITATIONS AND
RESTRICTIONS ON SCHOOL ATTENDANCE AND ACTIVITIES FOR PUPILS WHO HAVE
SUSTAINED MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE DIRECTIVES
OF THE PUPIL'S TREATING PHYSICIAN. IN ADDITION TO THE REQUIREMENTS OF
THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBPARAGRAPH,
EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ESTABLISH AND UPDATE POLICIES, AS NEEDED AND CONSISTENT WITH THE RULES
AND REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH, THAT REFLECT THE
MOST CURRENT AVAILABLE INFORMATION AND PRACTICES ON THE PREVENTION, RISK
AND TREATMENT OF SPORTS-RELATED MILD TRAUMATIC BRAIN INJURIES.
B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION
SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
BY EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. NOTHING IN THIS SUBDI-
VISION SHALL PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE
STRINGENT STANDARDS.
S 4. Article 9 of the general obligations law is amended by adding a
new title 3 to read as follows:
TITLE 3
LIABILITY OF SCHOOLS
SECTION 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS AND
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH
SPORTS PROGRAMS.
S 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS AND BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES. A SCHOOL DISTRICT, NONPUBLIC
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE
FOR ANY PERSONAL INJURY OR DEATH OF A PERSON DUE TO ACTION OR INACTION
OF ANY OTHER PERSON EMPLOYED BY SUCH DISTRICT, SCHOOL OR BOARD, WHEN
SUCH ACTION OR INACTION TAKES PLACE UPON DISTRICT, SCHOOL OR BOARD PROP-
ERTY DURING THE DELIVERY OF SERVICES THEREBY.
S 9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH SPORTS
PROGRAMS. 1. A SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-
S. 3953--A 4
ATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY
OR DEATH OF A PERSON DUE TO ACTION OR INACTION OF ANY OTHER PERSON
EMPLOYED BY, VOLUNTEERING WITH OR UNDER CONTRACT WITH SUCH NOT-FOR-PRO-
FIT YOUTH PROGRAM IF:
A. THE ACTION OR INACTION TAKES PLACE ON SCHOOL DISTRICT PROPERTY
DURING THE DELIVERY OF SERVICE BY THE NOT-FOR-PROFIT YOUTH SPORTS
PROGRAM;
B. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES PROOF OF BEING
INSURED UNDER AN ACCIDENT AND LIABILITY POLICY FROM AN INSURER AUTHOR-
IZED TO DO BUSINESS IN THIS STATE, THAT COVERS ANY PERSONAL INJURY OR
DEATH ARISING FROM DELIVERY OF SERVICES. SUCH COVERAGE SHALL BE NOT LESS
THAN FIFTY THOUSAND DOLLARS DUE TO BODILY INJURY OR DEATH TO ANY SINGLE
PERSON, AND NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS DUE TO BODILY
INJURY OR DEATH TO TWO OR MORE PERSONS IN ANY SINGLE INCIDENT;
C. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES SUCH PROOF OF
INSURANCE TO THE SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES PRIOR TO USING THE FACILITIES OF SUCH
DISTRICT, SCHOOL OR BOARD; AND
D. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES A STATEMENT AND
PROOF OF COMPLIANCE WITH THE DISTRICT'S, SCHOOL'S OR BOARD'S POLICY AND
GUIDELINES FOR THE TREATMENT AND MANAGEMENT OF MILD TRAUMATIC BRAIN
INJURIES AND OTHER HEAD INJURIES.
2. FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS ONE
OR MORE SPORTS TEAMS ORGANIZED PURSUANT TO A NOT-FOR-PROFIT OR SIMILAR
CHARTER, OR WHICH ARE MEMBER TEAMS IN A LEAGUE ORGANIZED BY OR AFFIL-
IATED WITH A COUNTY OR RECREATION DEPARTMENT.
3. ANY NOT-FOR-PROFIT YOUTH SPORTS PROGRAM MAY ADOPT AND IMPLEMENT THE
STANDARDS AND REQUIREMENTS FOR MILD TRAUMATIC BRAIN INJURIES, ESTAB-
LISHED BY THE COMMISSIONER OF EDUCATION PURSUANT TO SUBDIVISION
FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW. NOTHING IN
THIS TITLE SHALL BE DEEMED TO PROHIBIT THE ADOPTION AND IMPLEMENTATION
OF STANDARDS WHICH ARE MORE STRINGENT.
S 5. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

S3953B (ACTIVE) - Details

S3953B (ACTIVE) - Summary

Enacts the "concussion management and awareness act"; directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; requires school personnel to receive training in mild traumatic brain injuries; such rules and regulations shall apply to school districts and boards of cooperative educational services …(view more) requires provisions of information pamphlet on mild traumatic brain injuries to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury; requires written consent of and acknowledgment of receipt of such pamphlet by parents prior to participation in interscholastic sports; provides for the establishment of concussion management teams to implement such provisions.

S3953B (ACTIVE) - Sponsor Memo

BILL NUMBER:S3953B REVISED 06/09/11
TITLE OF BILL:
An act
to amend
the education law and
the public health law,
in relation to directing the commissioners of
education and health
to establish rules and regulations for the treatment and
monitoring of students of school districts,
boards of cooperative
educational services and nonpublic schools who suffer mild
traumatic brain
injuries
PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes the "concussion management and awareness act."
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes the concussion
management and awareness act.
Section 2 amends section 305 of the
education law to require the commissioner of education, in
conjunction with the commissioner of health, to promulgate rules and
regulations relating to pupils who suffer mild traumatic brain

injuries in school sponsored or related activities: requiring a
course of instruction relating to recognizing the symptoms of mild
traumatic brain injuries and the monitoring and seeking proper
medical treatment for pupils who are injured;
requiring information about traumatic brain injuries to be posted on
websites of the State Education Department, the Department of Health
and school districts as well as included on any parent permission or
consent form; requiring the immediate removal from athletic
activities of any pupil believed to have sustained a mild traumatic
head injury and authorization from a licensed physician for return to
athletic activity;
and authorizing a school district, in its discretion, to establish a
concussion management team.
Section 3 amends Section 206 of the
public health law to add a new subdivision 28 to direct the
commissioner of health to assist the commissioner of education in
developing rules and regulations required under this section.
Section 4 is the effective date.
JUSTIFICATION:
In every school district students participate in
interscholastic sports, intramural sports and physical education
classes Concussions can occur in any of these sports and classes. A
concussion is considered a traumatic brain injury and can cause
harmful, long-term effects to brain functions. It is therefore
critical that New York establish guidelines to protect our students.
This legislation establishes the necessary guidelines. It requires
coaches, teachers and other school personnel to be trained about the
symptoms of mild traumatic brain injuries and the importance of
proper medical treatment. In addition, the State Education
Department, the Department of Health and school districts will post
on their internet websites information for parents and students about
how brain injuries
occur, the signs and symptoms of such injuries and guidelines about
returning to school, physical education classes and sports after an
injury. This information will also be included in permission and
consent forms which parents or persons in parental relationship to a
student must sign to allow their children to participate in sports.
The State Education Department, in conjunction with the Department of
Health will promulgate the necessary rules and regulations. In
developing these regulations, the department will consider input from
parents and students, teachers and school administrators, physical
education teachers and sports trainers and coaches/ the Public
Schools Athletic League (PSAL) in New York City and the New York
State Public High Schools athletic association and medical and health
professionals.
The legislation also requires the immediate removal of any student who
has or who may have suffered a concussion. No student who has or who
may have suffered a concussion may return to athletic activities
unless the student has been symptom free for at least twenty-four
hour and a licensed physician has authorized the student's return.
These policies will promote prevention of injury and assure that
students receive the appropriate medical attention and treatment when
they are injured. This will reduce the risk of long-term
complications and will encourage parents, students and coaches to
take preventative steps to avoid such significant injuries.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of July next
succeeding the date on which it shall have become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
3953--B
Cal. No. 280
2011-2012 Regular Sessions
I N S E N A T E
March 10, 2011
___________
Introduced by Sens. HANNON, MAZIARZ, BALL, ADAMS, ALESI, AVELLA, CARLUC-
CI, FUSCHILLO, HUNTLEY, LARKIN, LAVALLE, NOZZOLIO, SQUADRON, ZELDIN --
read twice and ordered printed, and when printed to be committed to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the education law and the public health law, in relation
to directing the commissioners of education and health to establish
rules and regulations for the treatment and monitoring of students of
school districts, boards of cooperative educational services and
nonpublic schools who suffer mild traumatic brain injuries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "concussion management and awareness act".
S 2. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. A. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH, SHALL PROMULGATE AND REVIEW AS NECESSARY RULES AND REGULATIONS
RELATING TO PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJURIES, ALSO
REFERRED TO AS A "CONCUSSION," WHILE RECEIVING INSTRUCTION OR ENGAGING
IN ANY SCHOOL SPONSORED OR RELATED ACTIVITY. IN DEVELOPING SUCH RULES
AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER COMMENTS FROM STAKE-
HOLDERS AND OTHER INTERESTED PARTIES INCLUDING BUT NOT LIMITED TO
PARENTS, TEACHERS, STUDENTS, SCHOOL ADMINISTRATORS, SCHOOL ATHLETIC
TRAINERS, SPORT COACHES, MEDICAL AND HEALTH PROFESSIONALS, THE PUBLIC
SCHOOLS ATHLETIC LEAGUE (PSAL), THE NEW YORK STATE PUBLIC HIGH SCHOOL
ATHLETIC ASSOCIATION (NYSPHSAA), AND OTHER ATHLETIC ASSOCIATIONS. SUCH
REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD09691-10-1
S. 3953--B 2
(I) REQUIRING A COURSE OF INSTRUCTION RELATING TO RECOGNIZING THE
SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES AND MONITORING AND SEEKING
PROPER MEDICAL TREATMENT FOR PUPILS WHO SUFFER MILD TRAUMATIC BRAIN
INJURIES. SUCH COURSE OF INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED
ON A BIENNIAL BASIS BY ALL SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS,
NURSES AND ATHLETIC TRAINERS. THE COURSE OF INSTRUCTION REQUIRED BY THIS
SUBPARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEFINITION OF A
"CONCUSSION," SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW
SUCH INJURIES MAY OCCUR, PRACTICES REGARDING PREVENTION, AND THE GUIDE-
LINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A
PUPIL HAS SUFFERED A MILD TRAUMATIC BRAIN INJURY REGARDLESS OF WHETHER
SUCH INJURY OCCURRED OUTSIDE OF SCHOOL. SUCH TRAINING MAY BE COMPLETED
BY MEANS OF COURSES OF INSTRUCTION, INCLUDING BUT NOT LIMITED TO, COURS-
ES PROVIDED ONLINE AND BY TELECONFERENCE APPROVED BY THE DEPARTMENT;
(II) PROVIDING THAT THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL
POST ON THEIR INTERNET WEBSITES INFORMATION RELATING TO MILD TRAUMATIC
BRAIN INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFI-
NITION OF A "CONCUSSION," SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN
INJURIES, HOW SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN
TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A
MILD TRAUMATIC BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED
OUTSIDE OF SCHOOL. SCHOOLS SHALL BE REQUIRED TO INCLUDE SUCH INFORMATION
IN ANY PERMISSION FORM OR PARENT OR PERSON IN PARENTAL RELATION CONSENT
FORM OR SIMILAR DOCUMENT THAT MAY BE REQUIRED FOR A PUPIL'S PARTIC-
IPATION IN INTERSCHOLASTIC SPORTS AND SHALL ALSO INCLUDE SUCH INFORMA-
TION, OR REFERENCE HOW TO OBTAIN SUCH INFORMATION FROM THE DEPARTMENT
AND THE DEPARTMENT OF HEALTH INTERNET WEBSITES, ON THE SCHOOL'S INTERNET
WEBSITE, IF ONE EXISTS;
(III) REQUIRING THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES OF ANY
PUPIL BELIEVED TO HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD TRAUMATIC
BRAIN INJURY. IN THE EVENT THAT THERE IS ANY DOUBT AS TO WHETHER A PUPIL
HAS SUSTAINED A CONCUSSION, IT SHALL BE PRESUMED THAT HE OR SHE HAS BEEN
SO INJURED UNTIL PROVEN OTHERWISE. NO SUCH PUPIL SHALL RESUME ATHLETIC
ACTIVITY UNTIL HE OR SHE SHALL HAVE BEEN SYMPTOM FREE FOR NOT LESS THAN
TWENTY-FOUR HOURS, AND HAS BEEN EVALUATED BY AND RECEIVED WRITTEN AND
SIGNED AUTHORIZATION FROM A LICENSED PHYSICIAN. SUCH AUTHORIZATION SHALL
BE KEPT ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD. FURTHERMORE,
SUCH RULES AND REGULATIONS SHALL PROVIDE GUIDELINES FOR LIMITATIONS AND
RESTRICTIONS ON SCHOOL ATTENDANCE AND ACTIVITIES FOR PUPILS WHO HAVE
SUSTAINED MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE DIRECTIVES
OF THE PUPIL'S TREATING PHYSICIAN.
(IV) AUTHORIZING EACH SCHOOL OR SCHOOL DISTRICT, IN ITS DISCRETION, TO
ESTABLISH A CONCUSSION MANAGEMENT TEAM WHICH MAY BE COMPOSED OF THE
ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN, A
COACH OF AN INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER OR SUCH OTHER
APPROPRIATE PERSONNEL AS DESIGNATED BY THE SCHOOL OR SCHOOL DISTRICT.
THE CONCUSSION MANAGEMENT TEAM SHALL OVERSEE THE IMPLEMENTATION OF THE
RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION AS IT
PERTAINS TO THEIR ASSOCIATED SCHOOL INCLUDING THE REQUIREMENT THAT ALL
SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAIN-
ERS THAT WORK WITH AND PROVIDE INSTRUCTION TO PUPILS ENGAGED IN SCHOOL
SPONSORED ATHLETIC ACTIVITIES COMPLETE TRAINING RELATING TO MILD TRAU-
MATIC BRAIN INJURIES. FURTHERMORE, EVERY CONCUSSION MANAGEMENT TEAM MAY
ESTABLISH AND IMPLEMENT A PROGRAM WHICH PROVIDES INFORMATION ON MILD
TRAUMATIC BRAIN INJURIES TO PARENTS AND PERSONS IN PARENTAL RELATION
THROUGHOUT EACH SCHOOL YEAR.
S. 3953--B 3
B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION
SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
BY EVERY PUBLIC SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. SUCH
RULES AND REGULATIONS MAY ALSO BE IMPLEMENTED BY NONPUBLIC SCHOOLS IF
THEY SO AUTHORIZE. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY PUBLIC
SCHOOL OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT
STANDARDS.
S 3. Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
28. THE COMMISSIONER SHALL ASSIST THE COMMISSIONER OF EDUCATION IN
DEVELOPING RULES AND REGULATIONS, RELATING TO PUPILS WHO SUFFER MILD
TRAUMATIC BRAIN INJURIES, IN ACCORDANCE WITH SUBDIVISION FORTY-TWO OF
SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, AND PROVIDE FOR THE
POSTING ON THE DEPARTMENT'S INTERNET WEBSITE OF SUCH INFORMATION AS
SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
S 4. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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